General These are the terms of business (the "Terms") of iForce Auctions Ltd ("iForce Ltd", "iForce Auctions", "the Company", "we" or "us") setting out your rights and obligations for the use of the services offered by this website. YOU MUST READ AND ACCEPT THESE TERMS BEFORE REGISTERING to participate in any auction, sale or transaction. Your acceptance of these Terms means that you become a customer of iForce Auctions Ltd ("Customer", "buyer" or "you") on these Terms. Please note:
You undertake that all details given in registering with iForce Auctions Ltd are true and accurate at the time of registration and that you will immediately notify us of any changes to this information. iForce Auctions Ltd undertakes that it will use any data given by and relating to any Customer solely for the purposes of the operation of auctions or sales, and that data will be held in all respects in compliance with the Data Protection Acts 1984 and 1998.
We reserve the right to alter these Terms from time to time. All auctions, sales and transactions (either by electronic means via our website or offline) will be governed by that new version from 7 days from the date of such an update being posted.
Definitions "Buyer" or "You", "Your", "Winning Bidder" or "Customer" means the company, trader or individual who buys or agrees to buy Goods, Products or services from the Seller.
"Bid(s)" shall mean the irrevocable offer by the Buyer to purchase the Goods at the Price set by the Seller, such an offer being made either verbally or by electronic means by email or through the Website, on the condition that this Bid exceeds any reserve Price and meets any other conditions of the relevant auction or sale. For clarity this will mean the same for sales by auction as it does for immediate 'Buy It Now' type sales made through the Website.
"Terms" shall mean the terms & conditions of sale set out in this document and any other special terms & conditions either agreed in writing, notified on the Website or by any other communications by the Seller.
"Goods" shall mean the product or products or services offered for sale by the Seller.
"Price" shall mean the price for the Goods in pounds sterling and excluding carriage and VAT at the prevailing rate unless otherwise specified.
"Product(s)" shall mean the same as "Goods".
"Seller" shall mean iForce Auctions Ltd or affiliated group or trading any other domain or Website owned or operated by iForce Auctions Ltd or by any business partner or customer of iForce Auctions Ltd who employ the services or products of iForce Auctions Ltd to sell Goods.
"Website" shall mean any website owned, operated or utilised by iForce Auctions Ltd
Description Bids are made against the particular description of the goods on the site.
Some goods are sold as an individual item and others by lot in units of more than one.
Goods may also be sold by quantity auction or sale, in this case, Bids are to be made against each individual item in that auction or sale. It is the Buyer's responsibility to ensure that they only Bid for the number of items required. The highest Bidder might not Bid for all of the items on sale, in which case the next highest Bidder will win the number of items for which they Bid, at the price they Bid, up to the remaining number of items on sale and so on.
For a description of Bidding, and how to Bid, please refer to the 'Help' section of the relevant Website
All photos are for illustration purposes only and may not be of the actual item offered for sale. In the majority of cases that images on the homepage of the Website will not be of the actual Goods for sale. Where photos are of the actual item then these are most likely to be included on the Lot description and the description will inform you if it is an image of the actual Goods for sale. For avoidance of doubt please presume that the images are not of the actual items unless stated in the Lot description.
Unless otherwise stated, batteries and other consumable items are not always included or tested and no assurance as to their condition or operation is made.
Unless otherwise stated peripheral items, cables, manuals, packaging and other accessories are not included.
In the event that the goods are destroyed, damaged or lost between the auction / sale and delivery or are erroneously listed on the site, iForce Auctions Ltd shall return to the Buyer the whole amount of any payment made to the Seller by the Buyer. You acknowledge and agree that the Seller cannot and will not be liable to any Customer or any third party for any indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by iForce Auctions Ltd.
No warranty, either express or implied under statute or common law is given by iForce Auctions Ltd in respect of any of the goods offered in auction or sale unless expressly stated otherwise. All items are sold on an "as is" basis, at Buyer's risk, and any liability attaching to such goods is hereby excluded to the maximum extent permitted by law.
Bidding / Buying By Bidding on or buying goods from our Website or in any sale or auction you are accepting and agreeing to these terms and conditions in whole.
IF YOU BID IN ANY AUCTION OR ON GOODS FOR SALE YOUR BID BECOMES AN IRREVOCABLE OFFER TO BUY AND MAY NOT BE WITHDRAWN. YOU WILL BE LEGALLY OBLIGED TO PURCHASE ANY ITEM FOR WHICH YOU HAVE MADE A BID AT THE PRICE BID BY YOU IF THAT BID IS SUCCESSFUL.
The winning Bid in any auction will be the highest Bid that exceeds any reserve and meets any other conditions of the relevant auction. If a Bid you make is followed by a higher Bid by another Bidder that is later removed by iForce Auctions Ltd for any reason, it shall be open to iForce Auctions Ltd to accept your earlier Bid.
Where a Buyer places a Bid on Goods then this currently Winning Bid may be superseded and replaced by other higher Bids or by a Bid from a Buyer accepting the 'Buy It Now' price set by the Seller. The Seller reserves the right to remove the 'Buy It Now' option for Goods for sale on the Website at any time.
Where the Seller offers Goods for sale on a Buy It Now basis then the Buyer is able to purchase these Goods at the price offered by the Seller at that exact point in time.
Bids must be made in increments as defined by iForce Auctions Ltd.
iForce Trading Ltd may also place Bids on your behalf at your request up to a maximum level set by you.
iForce Trading Ltd may employ the use of session cookies in our website software, the Buyer agrees that iForce Auctions Ltd can do this and acknowledges and agrees that iForce Auctions Ltd cannot and will not be liable to any Customer or any third party for any indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by iForce Auctions Ltd.
iForce Trading Ltd reserves the right to close auctions or sales early or to extend auctions and sales at any time and at its discretion. iForce Auctions Ltd does not guarantee that Bids received will be processed and does not accept any liability for any direct or indirect loss so caused. Auctions or sales may also be cancelled or listings withdrawn because of technical difficulties experienced by iForce Auctions Ltd, its partners or agents or due to technical issues experienced on the Internet.
Winning iForce Trading Ltd shall notify a winning Bid by email to the Buyer. A shipping cost is determined and an invoice is generated and emailed to the buyer to include this charge.
The shipping rate determined by the Seller will be as per the shipping charges detailed on the individual Lots or Goods won by the Buyer. These charges will normally be consolidated, where possible, for the Buyer at the discretion of the Seller. These charges will appear on our invoice to you.
Paying Each auction is conducted in GBP (£) and payment can only be accepted in GBP (£).
The Buyer shall make the appropriate payment to iForce Auctions Ltd within 7 calendar days of the invoice date.
If payment is not received within 7 days the goods will be re-auctioned or otherwise disposed of by iForce Auctions Ltd. In this eventuality your account will be suspended indefinitely. In addition you will also be invoiced for a re-stocking fee of £10.00 +VAT per Lot and be liable for any loss or consequential loss to the Seller resulting on a re-sale of any items in question.
The Buyer agrees that Credit Card payments may be made to the Seller via external websites to the Sellers Websites, that are believed to be secure, that the Buyer is directed to via the Sellers Websites. These payment gateways are not owned or operated by iForce Auctions Ltd and the Buyer acknowledges and agrees that iForce Auctions Ltd cannot and will not be liable to any Customer or any third party for any direct or indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by iForce Auctions Ltd, that may arise from using such payment systems.
Title in the Goods remains with (and Goods remain the property of) the Seller until full cleared funds are received by the Seller from the Buyer.
Dispatch Items for dispatch are sent as soon as possible after full cleared payment has been received by iForce Auctions Ltd. This is usually the next working day. The delivery service that we typically use means that goods will usually be delivered the next working day, however this is not guaranteed as we are unable to guarantee the service delivery of the chosen couriers. For pallet / bulk and oversized goods / purchases we typically use a 5 working day pallet delivery service.
Collecting The collection of the Goods won by a Buyer is NOT always possible. Where goods are able to be collected then this is usually detailed on the description of the Goods online on the Website.
Please contact Customer Services to confirm prior to Bidding if you are unsure if collection is possible as rejection of won items is not possible where a Bidder mistakenly believes that goods can be collected when they cannot. Once a Bidder places a Bid on a Lot this becomes an irrevocable offer to buy and cannot be revoked where a Bidder has miss-understood the availability of collection services on such goods. iForce Auctions Ltd will have no liability for any loss or consequential loss incurred by a Bidder or third parties arising from a Bidder failing to check the availability of collection services on any Lot. Please note all persons visiting our warehouse must be wearing safety boots and a high visibility jacket. Children and pet are not permitted onsite. Failure to collect your pallet will incur a fine: 26 pallets and over £500 per collection, below 26 pallets £250 per collection.
The customer's rights Auctions (by way of bidding)
A strict time period of 7 days from receipt / collection (with the exception of handballed items) of the won goods is available for items to be inspected by the winning Bidder and a rejection requested for change of mind. If the volume of goods won requires a longer grace period for inspection then the winning Bidder must request via email and agree an extension with the Sellers Customer Services staff. After this allotted time our vendors will be paid and therefore no refunds, credits or other recompense is possible. iForce Auctions Ltd must be informed of such problems via email to Customer Services within 7 days of receipt / collection of the Goods.
iForce Trading Ltd cannot accept any returns for any other reason.
Distance selling contracts (by way of using the "Buy Now" option)
You have the right to cancel your order - which is concluded by the aforementioned technical means ("Buy Now") - without stating any reason within 7 working days in writing or in another durable medium. The period starts on the day after the day on which the goods were received.
Upon exercising the right to cancel the customer has to bear the direct costs of returning the articles.
Liability No warranty, either express or implied under statute or common law is given by iForce Auctions Ltd in respect of any of the goods offered in auction unless expressly stated otherwise. All items are sold on an "as is" basis, at Buyer's risk, and any liability attaching to such goods is hereby excluded to the maximum extent permitted by law..
The liability of iForce Auctions Ltd under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sum payable by the Customer in the auction to which such liability relates, or aggregate of the applicable reserve prices. iForce Auctions Ltd's liability for death or personal injury arising from iForce Auctions Ltd's negligence is not excluded.
You agree to indemnify iForce Auctions Ltd against all liabilities, claims and expenses that may arise from any breach of these Terms by You.
iForce Trading Ltd shall not be liable for any failure to perform any of its obligations under these Terms caused by matters beyond its reasonable control.
You acknowledge and agree that iForce Auctions Ltd cannot and will not be liable to any Customer or any third party for any direct or indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by iForce Auctions Ltd in making any such changes provided always such changes are made in good faith, and in accordance with applicable laws.
Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
iForce Trading Ltd will not be liable against any actions, claims, and demands arising directly or indirectly from the resale of Goods by the Buyer. All Goods are sold only on the condition that the Buyer meets all health and safety regulations and current trading standards regulations within the EEC / EU before use or resale of such Goods. The Buyer also agrees to make safe or use for spare parts any damaged or faulty goods before offering them for sale to a third party or members of the public. The Buyer acknowledges and agrees that the Seller cannot and will not be liable to any Buyer or any third party for any direct or indirect loss or damage, or for any loss of data, profit or business, (whether or not arising out of any breach of these Terms or negligence), whether or not foreseeable by iForce Auctions Ltd in relation to the resale of Goods by the Buyer.
All goods sold outside the EEC must comply with relevant laws, rules and regulations applying to each particular country.
Intellectual Property All intellectual property rights in and relating to the auction service, sales, goods and this site (including copyright) are owned by iForce Auctions Ltd (or its affiliates). Customers must not use any of those intellectual property rights except to the extent necessary to conduct auctions or sales on this website.
Compliance iForce Trading Ltd reserves the right to monitor the website and any material on it at its sole discretion to ensure that the service offered by iForce Auctions Ltd remains in accordance with any and all consents, authorisations, laws and governmental regulations.
iForce Trading Ltd may in its absolute discretion refuse or remove Bids or remove from sale or re-offer for sale listings in respect of which there is a dispute or which fail to draw Bids above the reserve.
iForce Trading Ltd is entitled, without any liability or giving any advance notice to terminate any auction or sale and / or any Customer's registration or participation in any particular auction or sale. iForce Auctions Ltd has no obligation to offer any of the auctions or sales to any Customer, or at all, where it appears reasonable to iForce Auctions Ltd to do so.
Miscellaneous The Buyer explicitly agrees that on no occasion will any catalogue, image, copyrighted material or other promotional literature or material belonging to any originating company, or its associate firms or companies, be used in any way whatsoever in connection with the resale of any Goods purchased by the Buyer.
Any Customer and Buyer returning Goods to any retail outlet of an originating company in order to obtain a refund will be liable for criminal prosecution by the originating company, the manufacturer and / or iForce Auctions Ltd. Action will be taken in such circumstances.
For avoidance of doubt, an originating company is defined and is designated as the company originally retailing any of the purchased Goods to the general public or to any other party in the supply chain prior to the Buyer purchasing the Goods, services or merchandise from the Seller.
The Buyer is solely responsible for their actions and conduct through our websites and You must ensure that your participation in the buying of Goods does not contravene or violate any applicable laws or regulations.
You must check that you are entitled to buy the relevant Goods and that you are not prohibited from doing so by any law or regulation. All Buyers must be adult, not minors, and be over the age of 18 years old.
You, the Buyer, are responsible for making adequate investigations in to the trade that you are entering. We are a trade company, if you are unsure what you are buying then please seek advice from us or independently. All information given by our staff, Website and other communications is to be used as a guide only.
Every auction shall be deemed performed in the United Kingdom. iForce Auctions Ltd and the Customer / Buyer agree that English law shall govern these Terms and each submit to the exclusive jurisdiction of the English courts in relation to any disputes arising.
General use of the Website We shall not ask you to supply any personal data as a condition of your use of the Website. We will only ask for personal data if you choose to purchase products advertised on the Website, where it is necessary for you to provide your name, billing and delivery address(es), contact and payment details. If you contact us, we may keep a record of that correspondence. We may also collect and retain details of transactions you carry out through our site and of the fulfilment of your orders.
Use of registered users' data If you are a registered user of the Website, we shall use that profile in order to set permissions for your use of the Website and to provide you with the information services you request as part of the registration process. Your registered user name may also be used to identify all messages, posts or other interactive you submit to the Website.
Personal data To enable us to register you for use of the Website (and to create your personal profile) and accept your orders on the Website, we need to collect and use personal data about you (your "Personal Information"). The Personal Information is all the information requested on any online order form.
All Personal Information that you provide to us is stored on our secure servers. Any payment transactions will be encrypted and is not, in any event, held on our servers Where we have given you (or where you have selected) a password that enables you to access the Website, you are responsible for keeping this password confidential. Please do not share your password with any other person. We shall not be responsible for your failure to keep the password confidential.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your customer login.
Please note that the transmission of personal data via the Internet is not completely secure. We recognise the importance of security when information is being passed over the Internet and maintain high standards of security. However, while we will do our best to ensure that your Personal Information is protected, we cannot guarantee the security of the Personal Information that is transmitted to the Website; transmission is therefore at your own risk.
If you are an existing customer, we will only contact you [by electronic means (e-mail or SMS)] with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you [by electronic means] only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the [order form OR registration form]). You can also exercise the right at any time by contacting us at email@example.com.
Your rights You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Links to other websites Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access You have the right to access information held about you. Your right to access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Disclosure of your information We may disclose your personal information to any member of our group, which means our subsidiary undertakings, our ultimate parent undertaking and its subsidiaries, as defined in section 1162 of the UK Companies Act 2006.
We may disclose your personal information to third parties: · In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
· If our company, its parent company or substantially all of our or its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.